MADURAI: The Madurai Bench of Madras High Court on Tuesday imposed `25,000 cost on an advocate who, due to personal enmity, had filed a petition against the appointment of another advocate as the government pleader of District Munsif Court at Periyakulam in Theni.
A Division Bench comprising Justices Paresh Upadhyay and R Vijayakumar imposed the cost while allowing an appeal filed by the aggrieved government pleader, SPM Ariff Rahuman, who had been removed from the post by a single judge’s order on the advocate MAM Raja’s petition last month.
The single judge had removed Rahuman from the post after Raja alleged that a criminal case is pending against him. But the Bench noted that there was no charge sheet filed against Rahuman in the case. It also took into account the fact that Raja and Rahuman are relatives and observed that Raja had filed the petition only due to some strain in their relationship.
The judges further pointed out that there is no statutory rule which regulates the appointment of government pleader in the District Court and thus there cannot be said to be any statutory violation in Rahuman’s appointment. Even after hearing Raja’s arguments for more than an hour, the judges were not convinced and set aside the single judge’s order. Citing the lack of bonafide on the part of Raja in filing the petition, they imposed `25,000 cost and directed him to pay the amount by July 31.